60 Day Notice 2018-00181

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2018-00181
Notice PDF: 
PDF icon 2018-00181.pdf
Date Filed: 
02/12/2018
Noticing Party: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Michael Freund & Associates
Alleged Violators: 
Doctors Scientific Organica, LLC, individually and doing business as Smart for Life
Lavi Enterprises, LLC, individually and doing business as Smart for Life
Lawee Enterprises, L.L.C., individually and doing business as Smart for Life
U.S. Medical Care Holdings, L.L.C., individually and doing business as Smart for Life
Chemicals: 
Cadmium
Lead and lead compounds
Source: 
Dietary supplements

60-Day Notice Document

Civil Complaint
AG Number:
2018-00181
Complaint PDF: 
PDF icon 2018-00181C5403.pdf
Date Filed:
08/03/2018
Case Name: 
Environmental Research Center Inc. vs. Doctors Sci. et al.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG18915427
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Ryan Hoffman
Michael Freund
Defendant: 
DOCTORS SCIENTIFIC ORGANICA, LLC, individually and doing business as SMART FOR LIFE
LAVI ENTERPRISES, LLC, individually and doing business as SMART FOR LIFE
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Declaratory Relief
Contact Name: 
Ryan Hoffman
Contact Organization: 
Michael Freund & Associates
Email Address:
rrhoffma@gmail.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94118
Phone Number:
(510) 540-1992
Comments: 
Also applies to AG Number 2018-00810
Corrected Settlement
AG Number:
2018-00181
Settlement PDF: 
PDF icon 2018-00181S6821.pdf
Settlement Date:
08/06/2018
Case Name: 
Environmental Research Center Inc. vs. Doctors Sci. et al.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG18915427
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Ryan Hoffman
Michael Freund
Defendant: 
DOCTORS SCIENTIFIC ORGANICA, LLC, individually and doing business as SMART FOR LIFE
LAVI ENTERPRISES, LLC, individually and doing business as SMART FOR LIFE
Injunctive Relief: 
Beginning on the Effective Date of the Consent judgment, Smart for Life shall be permanently enjoined from manufacturing for sale in the State of California, distributing into the State of California, or directly selling in the State of California, any product covered by the Consent Judgment which expose a person to more than 0.5 micrograms of lead per day and/or more than 4.1 micrograms of cadmium per day and/or more than 0.2 micrograms of acrylamide per day unless it meets the warning requirements under Section 3.2 of the Consent Judgment.
*Non-Contingent Civil Penalty:
$ 19,673.00
Attorney(s) Fees and Costs:
$ 55,572.00
Payment in Lieu of Penalty:
$ 14,755.00  ($14,755.08 shall be distributed to ERC as an Additional Settlement Payment (“ASP”), pursuant to California Code of Regulations, title 11, sections 3203, subdivision (d) and 3204. ERC will utilize the ASP for activities that address the same public harm as allegedly caused by Defendant in this matter. ERC represents that these activities are detailed below and support ERC’s overarching goal of reducing and/or eliminating hazardous and toxic chemicals in dietary supplement products in California. ERC represents that its activities have had, and will continue to have, a direct and primary effect within the State of California because California consumers will be benefitted by the reduction and/or elimination of exposure to lead, cadmium and/or acrylamide in dietary supplements and/or by providing clear and reasonable warnings to California consumers prior to ingestion of the products. Based on a review of past years’ actual budgets, ERC represents that it is providing the following list of activities ERC engages in to protect California consumers through Proposition 65 citizen enforcement, along with a breakdown of how ASP funds will be utilized to facilitate those activities: (1) ENFORCEMENT (65-80%): obtaining, shipping, analyzing, and testing dietary supplement products that may contain lead, cadmium and/or acrylamide and are sold to California consumers. This work includes continued monitoring and enforcement of past consent judgments and settlements to ensure companies are in compliance with their obligations thereunder, with a specific focus on those judgments and settlements concerning lead, cadmium and/or acrylamide. This work also includes investigation of new companies that ERC does not obtain any recovery through settlement or judgment; (2) VOLUNTARY COMPLIANCE PROGRAM (10-20%): maintaining ERC’s Voluntary Compliance Program by acquiring products from companies, developing and maintaining a case file, testing products from these companies, providing the test results and supporting documentation to the companies, and offering guidance in warning or implementing a self-testing program for lead, cadmium and/or acrylamide in dietary supplement products; and (3) “GOT LEAD” PROGRAM (up to 5%): maintaining ERC’s “Got Lead?” Program which reduces the numbers of contaminated products that reach California consumers by providing access to free testing for lead in dietary supplement products (Products submitted to the program are screened for ingredients which are suspected to be contaminated, and then may be purchased by ERC, catalogued, sent to a qualified laboratory for testing, and the results shared with the consumer that submitted the product). ERC shall be fully accountable in that it will maintain adequate records to document and will be able to demonstrate how the ASP funds will be spent and can assure that the funds are being spent only for the proper, designated purposes described in this Consent Judgment. ERC shall provide the Attorney General, within thirty days of any request, copies of documentation demonstrating how such funds have been spent. )
Total Payments:
$ 90,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Ryan Hoffman
Contact Organization: 
Michael Freund & Associates
Email Address:
rrhoffma@gmail.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94118
Phone Number:
(510) 540-1992
Comments: 
Also applies to AG Number 2018-00810
Settlement
AG Number:
2018-00181
Settlement PDF: 
PDF icon 2018-00181S6820.pdf
Settlement Date:
08/06/2018
Case Name: 
Environmental Research Center Inc. vs. Doctors Sci. et al.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG18915427
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Ryan Hoffman
Defendant: 
DOCTORS SCIENTIFIC ORGANICA, LLC, individually and doing business as SMART FOR LIFE
Injunctive Relief: 
Beginning on the Effective Date of the Consent Judgment, Smart for Life shall be permanently enjoined from manufacturing for sale in the State of California, distributing into the State of California, or directly selling in the State of California, any product covered by the Consent Judgment which expose a person to more than 0.5 micrograms of lead per day and/or more than 4.1 micrograms of cadmium per day and/or more than 0.2 micrograms of acrylamide per day unless it meets the warning requirements under Section 3.2 of the Consent Judgment.
*Non-Contingent Civil Penalty:
$ 19,673.00
Attorney(s) Fees and Costs:
$ 55,572.00
Payment in Lieu of Penalty:
$ 14,755.00  ($14,755.08 shall be distributed to ERC as an Additional Settlement Payment (“ASP”), pursuant to California Code of Regulations, title 11, sections 3203, subdivision (d) and 3204. ERC will utilize the ASP for activities that address the same public harm as allegedly caused by Defendant in this matter. ERC represents that these activities are detailed below and support ERC’s overarching goal of reducing and/or eliminating hazardous and toxic chemicals in dietary supplement products in California. ERC represents that its activities have had, and will continue to have, a direct and primary effect within the State of California because California consumers will be benefitted by the reduction and/or elimination of exposure to lead, cadmium and/or acrylamide in dietary supplements and/or by providing clear and reasonable warnings to California consumers prior to ingestion of the products. Based on a review of past years’ actual budgets, ERC represents that it is providing the following list of activities ERC engages in to protect California consumers through Proposition 65 citizen enforcement, along with a breakdown of how ASP funds will be utilized to facilitate those activities: (1) ENFORCEMENT (65-80%): obtaining, shipping, analyzing, and testing dietary supplement products that may contain lead, cadmium and/or acrylamide and are sold to California consumers. This work includes continued monitoring and enforcement of past consent judgments and settlements to ensure companies are in compliance with their obligations thereunder, with a specific focus on those judgments and settlements concerning lead, cadmium and/or acrylamide. This work also includes investigation of new companies that ERC does not obtain any recovery through settlement or judgment; (2) VOLUNTARY COMPLIANCE PROGRAM (10-20%): maintaining ERC’s Voluntary Compliance Program by acquiring products from companies, developing and maintaining a case file, testing products from these companies, providing the test results and supporting documentation to the companies, and offering guidance in warning or implementing a self-testing program for lead, cadmium and/or acrylamide in dietary supplement products; and (3) “GOT LEAD” PROGRAM (up to 5%): maintaining ERC’s “Got Lead?” Program which reduces the numbers of contaminated products that reach California consumers by providing access to free testing for lead in dietary supplement products (Products submitted to the program are screened for ingredients which are suspected to be contaminated, and then may be purchased by ERC, catalogued, sent to a qualified laboratory for testing, and the results shared with the consumer that submitted the product). ERC shall be fully accountable in that it will maintain adequate records to document and will be able to demonstrate how the ASP funds will be spent and can assure that the funds are being spent only for the proper, designated purposes described in this Consent Judgment. ERC shall provide the Attorney General, within thirty days of any request, copies of documentation demonstrating how such funds have been spent. )
Total Payments:
$ 90,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Ryan Hoffman
Contact Organization: 
Michael Freund & Associates
Email Address:
rrhoffma@gmail.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94118
Phone Number:
(510) 540-1992
Comments: 
Also applies to AG Number 2018-00810
Judgment
AG Number:
2018-00181
Judgment PDF: 
PDF icon 2018-00181J3989.pdf
Judgment Date:
10/16/2018
Settlement reported to AG: 
Mon, 08/06/2018
Case Name: 
Environmental Research Center Inc. vs. Doctors Sci. et al.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
RG18915427
Plaintiff: 
Environmental Research Center, Inc.
Plaintiff Attorney: 
Ryan Hoffman
Michael Freund
Defendant: 
DOCTORS SCIENTIFIC ORGANICA, LLC, individually and doing business as SMART FOR LIFE
Injunctive Relief: 
Beginning on the Effective Date of the Consent judgment, Smart for Life shall be permanently enjoined from manufacturing for sale in the State of California, distributing into the State of California, or directly selling in the State of California, any product covered by the Consent Judgment which expose a person to more than 0.5 micrograms of lead per day and/or more than 4.1 micrograms of cadmium per day and/or more than 0.2 micrograms of acrylamide per day unless it meets the warning requirements under Section 3.2 of the Consent Judgment.
*Non-Contingent Civil Penalty:
$ 19,673.00
Attorney(s) Fees and Costs:
$ 55,572.00
Payment in Lieu of Penalty:
$ 14,755.00  ($14,755.08 shall be distributed to ERC as an Additional Settlement Payment (“ASP”), pursuant to California Code of Regulations, title 11, sections 3203, subdivision (d) and 3204. ERC will utilize the ASP for activities that address the same public harm as allegedly caused by Defendant in this matter. ERC represents that these activities are detailed below and support ERC’s overarching goal of reducing and/or eliminating hazardous and toxic chemicals in dietary supplement products in California. ERC represents that its activities have had, and will continue to have, a direct and primary effect within the State of California because California consumers will be benefitted by the reduction and/or elimination of exposure to lead, cadmium and/or acrylamide in dietary supplements and/or by providing clear and reasonable warnings to California consumers prior to ingestion of the products. Based on a review of past years’ actual budgets, ERC represents that it is providing the following list of activities ERC engages in to protect California consumers through Proposition 65 citizen enforcement, along with a breakdown of how ASP funds will be utilized to facilitate those activities: (1) ENFORCEMENT (65-80%): obtaining, shipping, analyzing, and testing dietary supplement products that may contain lead, cadmium and/or acrylamide and are sold to California consumers. This work includes continued monitoring and enforcement of past consent judgments and settlements to ensure companies are in compliance with their obligations thereunder, with a specific focus on those judgments and settlements concerning lead, cadmium and/or acrylamide. This work also includes investigation of new companies that ERC does not obtain any recovery through settlement or judgment; (2) VOLUNTARY COMPLIANCE PROGRAM (10-20%): maintaining ERC’s Voluntary Compliance Program by acquiring products from companies, developing and maintaining a case file, testing products from these companies, providing the test results and supporting documentation to the companies, and offering guidance in warning or implementing a self-testing program for lead, cadmium and/or acrylamide in dietary supplement products; and (3) “GOT LEAD” PROGRAM (up to 5%): maintaining ERC’s “Got Lead?” Program which reduces the numbers of contaminated products that reach California consumers by providing access to free testing for lead in dietary supplement products (Products submitted to the program are screened for ingredients which are suspected to be contaminated, and then may be purchased by ERC, catalogued, sent to a qualified laboratory for testing, and the results shared with the consumer that submitted the product). ERC shall be fully accountable in that it will maintain adequate records to document and will be able to demonstrate how the ASP funds will be spent and can assure that the funds are being spent only for the proper, designated purposes described in this Consent Judgment. ERC shall provide the Attorney General, within thirty days of any request, copies of documentation demonstrating how such funds have been spent.)
Total Payments:
$ 90,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Ryan Hoffman
Contact Organization: 
Michael Freund & Associates
Email Address:
rrhoffma@gmail.com
Address: 
1919 Addison Street, Suite 105
City, State, Zip:
Berkeley, CA 94118
Phone Number:
(510) 540-1992

* A non-contingent civil penalty is the civil penalty that must be paid pursuant to the settlement, regardless of future events or actions of the defendant. If a settlement includes a contingent penalty, the plaintiff should report the additional penalty amount when it becomes due.